Los Angeles Criminal Defense Attorney Blog

Published on: October 17, 2022

Emotional Abuse Is Now Considered Domestic Violence in Some States. Where Does California Stand?

In June 2021, Connecticut became the third state in the U.S. to expand its legal definition of domestic violence to include emotional abuse (the specific legal term is “coercive control”). Similar legislation is in the works in five more states. Under these expanded definitions, domestic violence protections are no longer just provided for specific instances of physical abuse, but also for a “pattern of behavior” that controls, intimidates, or isolates a victim. In other words, victims in states with “coercive control” laws can seek restraining orders against their abusers for alleged emotional abuse, not just physical violence or threats of violence.

So where does California stand in all this? Can you be accused of domestic violence against your spouse or partner on the grounds of emotional abuse in California? Let’s explore this issue further to see what we can discover.

What Is Emotional Abuse?

Published on: September 17, 2022

The “Safer Communities Act”: How It May Affect Domestic Violence Cases in California

by Michael Kraut

In June 2022, partly in response to a long string of mass shootings, Congress passed the Bipartisan Safer Communities Act, which President Biden promptly signed into law. Touted as the most significant federal gun control legislation in three decades, the Safer Communities Act provides incentives for states to adopt “red flag laws,” implements enhanced background checks for younger gun buyers, and more.

As it turns out, the new law could also have a significant effect on people accused of domestic violence in California, as well as in other states–namely, by closing the so-called “boyfriend loophole” as far as who may legally own firearms after a domestic violence conviction. Let’s talk about how the new federal law could impact California domestic violence cases going forward.

A Bit of Background

Published on: August 17, 2022

Domestic Violence and the Internet: Taking the Crime Online

by Michael Kraut

While most people think of domestic violence as the act of physically striking one’s partner or spouse (and indeed, domestic battery accounts for the lion’s share of domestic violence incidents), the State of California counts plenty of other actions as “domestic violence.” In fact, nowadays, you don’t even have to be in the same room as your partner to be charged with a crime! Some people have been surprised to find police at their doorsteps with a warrant for their arrest on domestic violence charges–even though they weren’t anywhere near their alleged victims!

How is this possible? Because perhaps without realizing it, by law, these people were committing domestic violence online.

The use of the Internet has expanded domestic violence into cyberspace, and California’s laws have expanded in kind to list numerous types of online activities as crimes. And because many of these online activities are traceable, they essentially leave an evidence trail that can make it easier for the cops to arrest you–and easier for prosecutors to prove you committed a crime. Let’s discuss a few possible online activities that could ultimately result in domestic violence charges.

Published on: July 16, 2022

The “Shadow Pandemic”: Domestic Violence in a COVID World

by Michael Kraut

In the months and years since COVID-19 became a global health crisis, word has spread rapidly about the “shadow pandemic,”–referring to the worldwide spike in domestic violence (and violence against women in general) in the wake of the COVID pandemic. Many concerns were raised during the initial lockdowns and quarantines (and rightly so) that potentially millions of victims of domestic violence were “locked in” with their abusers and had even less access to relief services or the ability to obtain protective orders.

Now that there is enough data to be processed, the UN has released a comprehensive report entitled Measuring the Shadow Pandemic: Violence Against Women During COVID-19. Not only does it confirm that violence against women has increased substantially during COVID, but the numbers themselves are quite alarming in some cases. According to another report by the American Journal of Emergency Medicine, cases of domestic violence have increased by 25-33 percent worldwide. Let’s take a closer look at this “shadow pandemic” to see what we can learn.

An Overview of the Numbers

Published on: June 18, 2022

Adult Children and Domestic Violence

by Michael Kraut

While the vast majority of domestic violence cases occur between spouses, domestic partners, or dating partners, there’s an often-overlooked version of domestic abuse that can be particularly harmful: when adult children become physically violent toward their parents. This type of domestic violence often falls into the category of “elder abuse” under California law, but it can also be classified as regular domestic violence, in part because the legal definition of “domestic violence” in California includes not just abuse between spouses and intimate partners, but also abuse between certain family members who live together. Let’s take a closer look at this troubling form of domestic violence to see what we can learn.

A Spike in Cases

According to research, approximately one million older adults are victims of domestic violence each year—and in about forty percent of those cases, the abuser is an adult child of the victim. During the recent quarantines of the COVID-19 pandemic, however, these numbers likely rose significantly as many grown children came home to shelter in place. One study estimates that incidents of abuse toward older people increased by as much as 84 percent during the pandemic–meaning that approximately 1 in 5 older people suffered some type of abuse during this time. Not all of these incidents were perpetrated by adult children, but if the normal percentage (40 percent) holds steady, it still amounts to a staggering number of adult children committing domestic violence against the parents who were attempting to shelter them.

Published on: May 16, 2022

After Two Years of COVID, Are Domestic Violence Rates Still Rising?

by Michael Kraut

The COVID-19 pandemic has had a profound and lasting impact on almost every aspect of our lives. While the initial lockdowns and response to the pandemic may have saved many lives, it’s been well-documented that domestic violence rates spiked significantly during the weeks and months of quarantines and lockdowns. The number of domestic violence 911 calls went up in many cities, but experts believe there were many more victims who never made a call. The reasons behind these increases ranged from increased financial pressure to depression to being forced to stay in close quarters with abusers.

But what about now? Two years into the pandemic, quarantines and even mask mandates have been lifted. Business as we know it is returning to normal, even as we continue to encounter spikes in infection rates. Now that we’re no longer stuck in close quarters and many/most of us are back to work…are domestic violence rates now dropping? Or are they still on the rise?

There is unfortunately no definitive answer. Most of the reports and studies available have been focused on the early days of the pandemic when the risk factors were highest, so current data is inconclusive at best. However, while the immediate quarantines are over, the long-term effects of the pandemic are still very much with us–as are the “ripple effects” it has had on so many other parts of our lives. Thus, it’s reasonable to assume that many households are still at elevated risk for domestic violence, and will likely continue to be so for some time to come. Let’s look at some of the likely contributing factors to this risk.

Published on: April 13, 2022

Mending Relationships after a Domestic Violence Altercation

by Michael Kraut

Let’s be honest: it’s hard to rebuild trust after it’s been shattered. Perhaps an argument with your spouse or significant other got out of hand and became physical. Maybe this is the first time it ever happened—and maybe it resulted in your being arrested on suspicion of domestic violence. Whether or not you go to jail—and indeed whether or not you’re even charged with a crime—there is now a rift within your family. It can be difficult to know how to move forward.

Your relationship has likely changed forever, and the healing process will take time. And it’s not just about a broken relationship with your spouse or partner—domestic violence wounds everyone in the family who is connected to it, in one way or another. What steps can you take to begin repairing the relationship—and even more importantly, what can you do to prevent another domestic violence altercation from erupting in the future?

We’ll discuss some specific tips below, but for starters, know that the healing process for your relationship begins with a simple two-fold strategy:

Published on: March 16, 2022

Domestic Violence Incident Caught on Video: How to Respond

by Michael Kraut

In a day when video cameras are everywhere–including on our smartphones—it’s becoming more and more common for crimes to be “caught on tape.” But what if it happens to you? Perhaps you get into an argument with your significant other, and perhaps things get out of hand. Next thing you know, you’re under arrest, charged with domestic violence, and you’re told the entire event was captured on video. How should you respond? Does the video evidence ensure that you will be convicted of a crime? What can you do to make sure your rights are protected as you move through the legal process?

The inclusion of video evidence in a domestic violence case can dramatically change the dynamics of the case, as well as your defense strategy. Here’s what you need to know.

Is Video Evidence Admissible in Court?

Published on: February 7, 2022

Text Messages and Cell Phone Video as Evidence in Domestic Violence Cases

by Michael Kraut

It’s no secret that technology has radically changed the way we live our lives over the past several decades. And while some may lament the loss of personal connection that comes with increased reliance on technology, there’s no doubt that it has improved certain aspects of our lives, including how domestic violence cases are processed. In the past, prosecutors and defense attorneys could only rely on eyewitness testimony to build a case—and sometimes, it was little more than the victim’s word against the accuser. But now, with the advent of instant and permanent communications like text messages, cell phone videos, and social media posts, evidence of the truth is often much easier to ascertain. This can work just as easily as evidence to prove accusations of domestic violence as it can to disprove them. Let’s take a closer look at how some of these technologies can be used as evidence in domestic violence cases.

Cell Phone Video

The power of user-generated phone video was never more proven than in the notorious murder of George Floyd by law enforcement officers in 2020. That murder, captured on video and released virally, kindled months of national protests under the Black Lives Matter movement and contributed greatly to the conviction of those responsible for his death.

Published on: January 17, 2022

Lessons About Domestic Violence from “Maid”

by Michael Kraut

The reality of domestic violence in our world—and more specifically, the process of moving on from domestic violence– as recently found its way back into the national conversation with a popular new TV series on Netflix, Maid. Based loosely on the memoir of domestic violence survivor Stephanie Land, Maid depicts a woman who must live in a shelter with her children and work as a housekeeper after leaving an abusive relationship. While the show focuses primarily on her recovery, the story of her abuse is told through a series of compelling flashbacks—and while the show itself is a fictionalized account, Land confirms that many of the details are accurate as far as what she went through and the living conditions she endured. The series is a window into certain aspects of the fallout of domestic violence that are rarely discussed–aspects that those who are accused of felony or misdemeanor domestic violence may learn from. Let’s explore some of the primary takeaways from the show.

Domestic violence survivors frequently encounter financial hardship.

The financial aspect of leaving an abusive relationship is often overlooked, but statistics suggest that more than 94 percent of physically abusive relationships also involve some form of financial abuse. These difficulties are amplified if the abuser controls finances in the household, and survivors may not have access to money needed for basic necessities like food and clothing after leaving their partners. Survivors also need legal assistance when seeking restraining orders against abusers who find them at new locations or attempt contact with them through social media networks (something that abusers may do).